Provisional Measure 746/2016, a proposal by the Michel Temer government to reform secondary education, was considered unconstitutional by the Attorney General's Office (PGR). The opinion was sent yesterday, December 19, by the Attorney General of the Republic, Rodrigo Janot, to the Supreme Court (STF).
Meet the High School MP
According to the prosecutor, the provisional measure "is not an adequate instrument for structural reforms in public policies, even less in a crucial sphere for the country's development, such as the education".
The opinion was issued after the Socialism and Freedom Party (PSOL) filed a Direct Action of Unconstitutionality (ADI). According to the PSOL, there is no urgency in the reforms that the Ministry of Education (MEC) wants to promote with the provisional measure, that “disrespects broad access to education and makes it difficult to reduce inequalities by promoting a real setback Social".
Rodrigo Janot agreed with PSOL's arguments. He argued that a clear demonstration of lack of urgency is the fact that the reform will only be adopted in 2018, if it is approved still in 2016.
The prosecutor also cited in his opinion that the provisional measure "overwhelms the effort overnight. technical and managerial of the MEC itself, in dialogue with numerous experts and with the community, throughout years old". For Janot, education reforms need debate, maturity, stability and legal security.
Arts and Physical Education
Rodrigo Janot also criticized the initial text of the MP that removed the obligation of teaching Arts and Physical Education in high school, something that was revised when the MP was approved in the Chamber of Deputies.
For Janot, the MP violates Articles 206 and 217 of the Constitution, which deal, respectively, with the exercise of the freedom of learn “thought, art and knowledge”, and “the duty of the State to promote formal and non-formal sports practices”.
Do not stop now... There's more after the advertising ;)
The opinion also addresses irregularities in the provisional measure, such as the flexibility in hiring teachers, the suppression of night education and specific training itineraries. See the full opinion.
MEC
The MEC took a stand this morning, 20, on the opinion of prosecutor Rodrigo Janot. The ministry states that it respects the opinion, however, "it maintains the understanding that the Provisional Measure for the reform of secondary education complies with the constitutional requirement of urgency and relevance". The MEC also highlights that for 20 years the country has been discussing the reform of secondary education without moving forward to make it a reality.
See MEC's position in full
The MEC claims that the poor results in the International Student Assessment Program (Pisa) and in the Basic Education Development Index (Ideb) justify the urgency of reform. The note ends by saying that the MEC maintains the defense of the reform in all instances and that the new high school “will give opportunity for young people to choose areas of knowledge, according to their vocation and life project and opt for training technique”.
Next steps
The action of unconstitutionality now goes to the plenary of the STF, where it will be analyzed by the rapporteur of the case, Minister Edson Fachin. This should only happen in February 2017, due to the recess of the Judiciary.
Already the MP of High School, approved last week in the Chamber of Deputies, will be analyzed by the Senate, which has until March 2 to approve it.
